Chinta Devi &
Ors. Vs. Jang Bahadur Singh (Dead) by LRS. & ANR [2008] INSC 1163 (17 July
2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.5945 OF 2000 CHINTA DEVI & ORS.
.....APPELLANT(S) VERSUS O R D E R In spite of service of notice upon the
respondents, no one has entered appearance on behalf of the respondents.
We have heard learned
counsel for the appellants and perused the impugned judgment dt.23.03.1998 in
L.P.A.No.732 of 1996 passed by the High Court of Patna. The High Court has
given liberty to the appellants to approach the competent authority under
Section 48 D of the Bihar Tenency Act, 1885. Such liberty being given by the
High Court to the appellants, we do not find any ground to interfere with the
impugned order. However, it will be open to the appellants to apply before the
competent authority under Section 48 D of the Bihar Tenency Act, 1885. If such
an approach is made, the competent authority shall decide the same in
accordance with law without being influenced by the findings of the High Court
and the appellate court.
The appeal is
disposed of accordingly. There shall be no order as to costs.
.............................J.
(
TARUN CHATTERJEE ) .............................J.
(
AFTAB ALAM ) NEW DELHI;
JULY
17, 2008.
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